Many people know that there are two types of permanent residence permits
in the Netherlands: the regular Dutch permanent
residence permit(“verblijfsvergunning voor onbepaalde tijd regulier”)
and the Dutch residence permit as long-term
resident EC, or
EU permanent residence permit (“verblijfsvergunning EU langdurig
ingezetene”). Both permits require applicants to live in the Netherlands for
five consecutive years, to pass the integration exam, and to have sufficient
financial resources. But not many know the specific differences between the two.
In this article, we tell you everything you should know about the two types of
non-temporary independent residence permits in the Netherlands.

Years are calculated differently

What the EU permanent residence permit and the Dutch
permanent residence permit have in common, is that the duration of non-temporary
residence is counted in full when you apply. Non-temporary residence cards include
residence permits for regular employment, high-skilled immigrants, and
self-employment etc.

What
differs is how the duration of temporary residence is calculated. When you apply
for an EU permanent residence permit, some types of residence in the
Netherlands are only counted
for 50%, and some aren’t even counted at all. If you stayed in the Netherlands on
a student residence, for example, only half of your years will be counted. If
you then change the purpose of your stay to a search year permit, the search year
isn’t counted at all. When you apply for a Dutch permanent residence permit, on the other hand, all types of temporary
residence are counted in full.

Main residence requirements are different

After
obtaining a Dutch permanent residence permit, your main residence has to
be in the Netherlands. This means that you can stay outside the Netherlands for
a maximum of 6 months consecutively, or a maximum of 4 months consecutively each
year for 3 years in a row. The main residence requirements for an EU permanent residence permitare more lenient: you
can live in other EU countries for up to six years without losing your permit,
and if you stay outside the EU, you need to enter the EU once a year.

Different preferential treatments in other EU countries

According
to EU Directive 2003/109, EU countries will have relatively favorable
immigration policies for EU permanent residence permit holders. The
Netherlands allows them to obtain an “economically inactive” residence permit
in the Netherlands on the premise of having assets and sufficient economic
resources. Another benefit is that, by EU directives, after one year of
residence in another EU country, said country must allow EU permanent
residence permit holders to work freely. When, for example, you have an EU
permanent residence permit issued by the Dutch government and want to work in
Germany, the German government may ask you to apply for a German work permit during
your first year there. However, after one year of legal residence, by EU law,
Germany must allow you to work completely freely without a work permit.

Different procedures for moving to other EU countries

When you
have a Dutch permanent residence permit and want to live in Germany, you
need to go to the German Consulate General in Amsterdam to apply for a German Schengen
visa, type D. After you have a D visa, you will need to go to the German local
SAFE (Ausländerbehörde) to apply for a residence permit. If you have an EU permanent
residence permit, you don’t need to go to the German embassy or consulate,
you can go directly to the German local SAFE to apply for a residence permit.

In general,
the EU permanent residence permitis more
lenient with regard to main residence, and it can also give cardholders more
convenience in other EU countries. So, if you are currently holding a Dutch permanent
residence permit, but want to enjoy the benefits of other EU countries, we
advise you to contact a professional lawyer as soon as possible and submit your
application for an EU permanent residence permit.

Both types of permanent residence permits in the Netherlands use the same application form

It’s
important to know that both types of permanent residence use the same
application form and that the Dutch Immigration Services (IND) will first review
whether the applicant meets the conditions for an EU permanent residence
permit. If these requirements are met, the IND will directly issue an EU
permanent residence permit. If not, the IND will continue to review whether
the application meets the Dutch permanent residence permit. This also
results in longer approval times.

According to Dutch Immigration Law, the IND has a six-month approval period for
permanent residence applications. Because of this, Mynta Law has launched a permanent
“queuing”
service, which can save you several months of waiting.

Feel free to contact us for more details. Our permanent residence team can’t wait!

The legal specialists of Mynta Law help companies and individuals with small and large immigration issues. Whether you want to learn more about business immigration of skilled migrants and entrepreneurs, are a foreign student interested in your extended stay opportunities in the Netherlands, or have a question about migration options for your family, we will answer all your questions quickly and professionally.